Non-immigrant visas allow visa holders to enter the U.S. for a temporary period of time. This is a relatively quick way of entering the U.S. for specific purposes, thus, the requirements and duration of time that the foreign national is allowed to stay may vary.
As a general rule, the holder of a non-immigrant visa is required to maintain a residence abroad and must return to the country of origin before the visa expires or within the period of time that the law permits. However, certain types of visas allow dual intent, thus, enabling the visa holder to apply for permanent residency at the same time.
Some of these visas do require approval of a petition (E-3, H-1B, H-2A, H-2B, L-1, O, P temporary workers and K-1 fianceés), the existence of a program sponsor (J-1 exchange visitors), or the admission to a program (F-1 and M-1 students) while other types simply require the foreign national to apply for the visa at the U.S. consulate (E-1 treaty traders or E-2 treaty investors) or at the port of entry (TN visas for Canadians).
In most situations, the visa holder (also known as principal beneficiary) may be accompanied by his or her spouse and children who are unmarried and below 21 years of age (also known as derivative beneficiaries). Generally, the spouse who accompanies as a derivative beneficiary cannot work but in limited instances, the spouse of an E-1, E-2 and L-1 visa holder can apply for employment authorization. A derivative beneficiary spouse may change into a work-authorized status on his or her own merit as long as there is a willing petitioner and all legal requirements are met.
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